Obtaining consent for electronic delivery of compliance information

ABSTRACT

A method and related system obtains consent from an individual for computer-aided delivery of compliance information. Initially, a computer-readable data storage device is provided to the individual. The device stores the compliance information and computer-executable instructions. By inserting the device into a computer, the instructions are executed and the individual is prompted by the computer to consent to the computer-aided delivery of additional compliance information. Once consent is indicated, it is communicated from the individual&#39;s computer to another computer such as a server over, for example, a modem connection. Having secured the individual&#39;s consent, the additional compliance information can be delivered to the individual&#39;s computer as, for example, a file attachment to an email message.

RELATED APPLICATIONS

This application is a divisional of U.S. application Ser. No.10/035,966, filed. Nov. 9, 2001, now pending, which is a continuation ofU.S. application Ser. No. 09/023,039, filed Feb. 12, 1998, now U.S. Pat.No. 6,782,506, issued Aug. 24, 2004, the disclosures of which areincorporated by reference herein.

TECHNICAL FIELD

This invention relates to obtaining consent from an individual to theelectronic delivery of financial information such as that required bythe Securities and Exchange Commission (e.g., a “sticker update” to amutual fund prospectus already in the possession of the individual).

BACKGROUND INFORMATION

The Securities and Exchange Commission (SEC) requires that certainindividuals such as prospective and existing investors be deliveredcertain information about investment vehicles such as mutual funds. Inthe context of a prospective investor in a particular mutual fund, forexample, a mutual fund prospectus must be delivered to the prospectiveinvestor in such a way that it provides the prospective investor withnotice and access. The delivery requirement can be met by sending theprospectus to the prospective investor via the U.S. Postal Service.

Delivering paper prospectuses and hard copies of other SEC-requireddocuments (e.g., “sticker updates” to mutual fund prospectuses) toprospective and existing investors is a time consuming and costlyendeavor for investment companies. Printing and mailing costs alone canamount to thousands or millions of dollars per year for a single mutualfund.

The SEC has indicated that mutual fund prospectus documents can bedistributed in electronic format with the caveat that any electronicdelivery must meet at least the SEC's notice, access, and evidence ofdelivery requirements.

SUMMARY

In accordance with the invention, the physical delivery of electronicmedia containing SEC-required information (e.g., a computer-readablediskette that is sent to a person via the U.S. Postal Service and thatcontains in electronic digital format a mutual fund prospectus) can beused as a mechanism to establish electronic delivery of additionalSEC-required information (e.g., a “sticker update” to the prospectus theperson just received on the diskette) or to obtain the receiver'sconsent to the electronic delivery of a notification about additionalSEC-required information. Such information can be called complianceinformation.

As used herein, the term “compliance information” is intended to meanany information or data that is required or suggested by the Securitiesand Exchange Commission (SEC), or similar state or national entity orentities in the U.S. or abroad (e.g., the National Association ofSecurities Dealers (NASD), state securities commissioners, and stateinsurance commissioners), to be filed or to be provided to certainindividuals such as prospective and existing investors in mutual funds.Examples of documents containing compliance information include mutualfund prospectuses, updates to mutual fund prospectuses (commonlyreferred to in the industry as “stickers” or “sticker updates”), annualand semi-annual reports for mutual funds, Statements of AdditionalInformation (SAIs) for mutual funds, preliminary prospectuses (“redherrings”), and final prospectuses. Other examples are disclosuredocuments for variable insurance products such as variable annuities.Still other examples are disclosure documents for any of a variety ofother investment vehicles offered by essentially any entity including,for example, a mutual fund issuer, a corporation, a partnership, aninvestment company, etc. These types of documents can be called“compliance documents” or “regulated financial information documents”(RFIDs), and the compliance information contained in such documentsgenerally includes financial, performance, and/or other disclosureinformation that the SEC (or similar state or national entity orentities in the U.S. or abroad) has determined should be regulated insome fashion such that, for example, certain individuals are providedwith sufficient material to make a reasoned and informed decision aboutwhether to invest or continue to invest money in the investment vehicledescribed in the RFID.

In a disclosed embodiment according to the invention, acomputer-readable diskette or other physical electronic media is sent toa prospective investor through the mails using, for example, the U.S.Postal Service as the carrier or it is delivered to the prospectiveinvestor by hand. The diskette contains, in electronic digital format, amutual fund prospectus. The prospective investor then inserts thediskette into a computer and, using one of a variety of possible texteditors, word processors, or browsers, is able to display and read theprospectus on the computer monitor. The computer prompts the prospectiveinvestor in some fashion to respond to a request for consent to theelectronic delivery of at least one additional compliance document or tothe electronic delivery of a notification of the existence of at leastone additional compliance document that the person agrees to obtain andreview. Having secured the individual's consent, the software on thediskette and/or the computer then electronically communicates (e.g., viaa network connection, a modem, etc.) that consent to some other computerfor logging. That other computer could be a server maintained by, forexample, the issuer of the mutual fund or an independent service.Depending on the specific consent requested and given, the individualmight then sometime in the future receive by electronic mail (“email”)an update to the mutual fund prospectus (“sticker”) provided on thediskette, or the individual could receive a notification by email that aparticular site on the World Wide Web has posted the mutual fund stickerand that the individual should view the sticker at that site by acertain date. The electronic connection is a computer communicationslink that can be made in a variety of ways including a direct dial-upconnection, a private or public network connection, etc. The physicaldelivery of the diskette to the prospective investor thus is used as amechanism to obtain consent from the prospective investor for futureelectronic delivery of additional compliance information.

In one aspect, the invention involves a method and related system forobtaining consent for computer-aided delivery of compliance information.The method and related system provide an individual at a first computer(e.g., a PC owned or used by the individual) with complianceinformation. The compliance information is provided in such a formatthat the individual can use the first computer to review it. The firstcomputer also is used to prompt the individual to consent to thecomputer-aided delivery of additional compliance information. Havingobtained the consent, the first computer electronically communicates theindividual's consent from the first computer to a second computer (e.g.,a server). The second computer can store the communicated consent and/orforward it to a third computer.

In some embodiments of this aspect of the invention, the individual isprovided with the compliance information by forwarding to the individuala computer-readable data storage device (e.g., a 3.5 inch computerdiskette or a CD ROM) that contains the compliance information as wellas computer-executable instructions that prompt the individual for theconsent. In other embodiments, the individual is provided with thecompliance information in another manner such as by download to thefirst computer from a source on the Internet. Regardless of the mannerin which the compliance information is provided to or obtained by theindividual, after the individual's consent is obtained and communicatedto the second computer, the additional compliance information isdelivered to the first computer. This delivery of the additionalcompliance information can occur immediately upon receipt of the consentby the second computer or it can happen at a later time, and it can be adelivery from the second computer or some other computer. Also, insteadof delivering the additional compliance information to the firstcomputer, a notification about the additional compliance information canbe delivered to the first computer such as an email message sent to thefirst computer that identifies the existence and location of theadditional compliance information thereby notifying the individual to,for example, visit a particular site on the World Wide Web section ofthe Internet to view the additional compliance information. Whether itis the actual additional compliance information or a notificationthereof that is delivered to the first computer pursuant to theindividual's consent, the delivery is accomplished electronically. Thatis, the delivery is over a computer communications link (e.g., a modemconnection utilizing telephone lines, a network connection utilizing theInternet or some other computer network, etc.). As an example, theelectronic delivery can take the form of a file attachment to an emailmessage.

Also, in some embodiments according to this aspect of the invention, thecompliance information is contained in a mutual fund prospectus, and theadditional compliance information comprises one or more additions orchanges (“stickers”) to that mutual fund prospectus or an additionalRFID. The compliance information and the additional complianceinformation can be contained in the a variety of other types ofcompliance documents including, but not limited to, mutual fund annualreports, mutual fund semi-annual reports, replacement mutual fundprospectuses, mutual fund Statements of Additional Information (SAIs),etc.

In another aspect, the invention relates to a manufacture comprising acomputer-readable data storage device. The device stores complianceinformation and computer-executable instructions. The instructionsexecute on a first computer to cause the first computer to prompt anindividual using the first computer to consent to computer-aideddelivery of additional compliance information. The instructions alsoexecute on the first computer to cause the first computer to obtain theindividual's consent and then communicate that consent from the firstcomputer to a second computer.

Embodiments in accordance with this other aspect of the invention caninclude the following features. The instructions stored by the devicealso can execute on the first computer to cause the first computer todisplay the additional compliance information after the additionalcompliance information is received at the first computer. The complianceinformation can comprise a mutual fund prospectus, and the additionalcompliance information can comprise one or more additions or changes tothe mutual fund prospectus.

In one embodiment a method for obtaining consent for computer-aideddelivery of compliance information is offered, the method comprising:electronically providing computer-executable instructions for obtainingconsent from an individual for subsequent computer-aided delivery ofadditional compliance information to the individual; prompting, byexecution of the instructions on a first computer, the individual forconsent to the subsequent computer-aided delivery of the additionalcompliance information to the individual; communicating the individual'sconsent from the first computer to a second computer, the secondcomputer connected to the first computer over a network; andtransmitting additional compliance information from the second computerto the first computer. In a further embodiment the computer-executableinstructions includes instructions for providing a first set ofcompliance information to the individual.

Another embodiment offers a system for obtaining consent from a user forcomputer-aided delivery of compliance information, the systemcomprising: a sending computer arrangement programmed to send softwareto a user device, the software comprising computer executableinstructions; and the user device programmed to: execute the computerexecutable instructions, prompt the user to consent to the computeraided delivery of compliance information, and communicate the consent toa second device. In a further embodiment the second device is thesending computer arrangement. In another embodiment the software is sentin a message over a network. In still a further embodiment the computerexecutable instructions allow the user to consent by replying to themessage. In still a further embodiment the computer executableinstructions allow the user to consent by following a link in themessage. In still a further embodiment the computer executableinstructions allow the user to consent by executing a form included inthe message. In still a further embodiment the sending computerarrangement is further programmed to send compliance information to theuser device. In still a further embodiment the sending computerarrangement is further programmed to send a notification about thecompliance information to the user device. In still a further embodimentthe notification comprises a message sent over a network. In still afurther embodiment the notification contains a link to a location of thecompliance information. In still a further embodiment the location ofthe compliance information is a web page. In still a further embodimentthe web page is stored in the sending computer arrangement. In still afurther embodiment the compliance information comprises one or moreadditions or changes to a mutual fund prospectus. In still a furtherembodiment the second device stores the communicated consent. In still afurther embodiment the sending computer arrangement comprises a server.

A further embodiment offers a computer-implemented method of providingan entity with compliance information stored in a compliance informationdatabase, the method comprising: identifying a specific complianceinformation record in the compliance information database to beprovided; and directing a database management function to send ahyperlink to the entity pointing to the specific compliance informationrecord.

Another embodiment offers a method of providing access to a complianceinformation database, the method comprising: under control of a firstclient system: sending an access instruction message; and under controlof a server system: receiving the access instruction message from thefirst client system, identifying a specific compliance informationrecord within the access instruction message, identifying a destinationaddress within the access instruction message, creating a hyperlinkpointing to the specific compliance information record in the complianceinformation database, and transmitting the hyperlink to the destinationaddress. In a further embodiment the destination address is located at asecond client system and the hyperlink is transmitted from the serversystem to the second client system via the Internet. In still a furtherembodiment the destination address is located at a second client system,the method further comprising: under control of the second clientsystem: receiving the hyperlink from the server system, and accessingthe server system via the hyperlink. In still a further embodiment themethod further comprises: under control of the server system: detectingan access to the server system by the second client system via thehyperlink; determining whether or not the hyperlink is valid; and whenthe hyperlink is determined to be valid: identifying a specificcompliance information record from the hyperlink, retrieving thespecific compliance information record from the compliance informationdatabase, and causing the specific compliance information record to bedisplayed on the second client system.

Another embodiment offers a computer-implemented method of providingcompliance information stored in a compliance information database, themethod comprising: receiving an instruction that identifies a specificcompliance information record in the compliance information database;creating a hyperlink pointing to the specific compliance informationrecord; and sending the hyperlink to a destination address. In still afurther embodiment the computer-implemented method further comprisesreceiving an access request to access the compliance informationdatabase via a received hyperlink; determining whether the receivedhyperlink is valid; and when the received hyperlink is determined to bevalid, identifying a specific compliance information record from data inthe received hyperlink and providing the specific compliance informationrecord to a source of the received hyperlink.

Another embodiment offers a system for sharing compliance informationdata stored in a compliance information database, the system comprising:a first client system operative to: search the compliance informationdatabase, identify a specific compliance information record, identify adestination address, and send an access instruction message with respectto the specific compliance information record and destination; and adatabase server system operative to: receive the access instructionmessage, determine the specific compliance information record anddestination address from the access instruction message, create ahyperlink pointing to the specific compliance information record in thecompliance information database, and send the hyperlink to thedestination address. In a further embodiment the first client systemcommunicates with the database server system over the Internet. In stilla further embodiment the first client system communicates with thedatabase server system over an intranet.

Another embodiment offers a computer program product comprising: acomputer-readable medium; and computer program instructions on thecomputer-readable medium, wherein the computer program instructions,when executed by a computer, direct the computer to perform a method ofsharing compliance information data stored in a compliance informationdatabase, the method comprising: receiving an access instruction,identifying a specific compliance information record and a destinationaddress in the access instruction, creating a hyperlink pointing to thespecific compliance information record, and sending the hyperlink to thedestination address. In a further embodiment the method furthercomprises at least one of: receiving the access instruction over theInternet; and sending the hyperlink over the Internet.

Another embodiment offers a system for sharing compliance informationdata stored in a compliance information database, the system comprising:a database server system operative to: receive an access instructionmessage; determine a specific compliance information record anddestination address from the access instruction message; create ahyperlink pointing to the specific compliance information record in thecompliance information database; and send the hyperlink to thedestination address. In a further embodiment a first client system sendsthe access instruction message to the database server system over theInternet. In still a further embodiment the first client system sendsthe access instruction message to the database server system over anintranet.

Another embodiment offers a method of obtaining consent for electronicdelivery of compliance information, the method comprising: (a)identifying a specific compliance information record in the complianceinformation database to be provided; and (b) directing a databasemanagement function to send a hyperlink to the entity pointing to thespecific compliance information record.

The foregoing and other objects, aspects, features, and advantages ofthe invention will become more apparent from the following descriptionand from the claims.

BRIEF DESCRIPTION OF THE DRAWINGS

In the drawings, like reference characters generally refer to the sameparts throughout the different views. Also, the drawings are notnecessarily to scale, emphasis instead generally being placed uponillustrating the principles of the invention.

FIG. 1A is a diagram of the physical delivery of compliance informationin computer-readable format to an individual.

FIG. 1B is a diagram showing access of the compliance information by acomputer operated by the individual and showing consent being providedelectronically from the individual's computer to another computer suchas a server.

FIG. 1C is a flowchart of steps involved in obtaining consent from theindividual using the structures of FIGS. 1A and 1B.

FIG. 2 is a block diagram of a general purpose computer for use with theinvention.

DESCRIPTION

Referring to FIG. 1A, a computer-readable storage device 10 is sent viaa mail carrier service 12 to an individual 14. As an alternative to themail carrier service 12, the individual 14 could directly receive thedevice 10 by in-person hand delivery. The device 10 can be anycomputer-readable data storage unit such as a computer diskette, a CDROM, or a flash memory card. In the disclosed embodiment, the device 10is a 3.5 inch computer diskette. Whatever the form the device 10 takes,it must contain at least compliance information (as defined above) in aformat that is readable by a computer. In the disclosed embodiment, thedevice 10 stores a mutual fund prospectus. In addition to the complianceinformation, the device 10 also contains computer-executableinstructions (software) for causing the computer to prompt theindividual 14 for consent to the computer-aided delivery of additionalcompliance information to the individual 14 and for causing the computerto forward the consent to another computer. The mail carrier service 12can be any of a variety of services that physically delivery packagesand letters from one location to another including the U.S. PostalService, United Parcel Service, or Federal Express. As mentionedpreviously, the delivery could be accomplished in person. In thedisclosed embodiment, the individual 14 is a prospective or existinginvestor in, for example, a mutual fund.

Referring to FIG. 1B, with the device 10 in hand, the individual 14 canload it into a computer 16. The computer 16 will read the complianceinformation stored on the device 10 and display it to the individual 14.While it is possible for the computer 16 to use any of a variety of texteditors, word processors, browsers, or other software to display thecompliance information on the device 10 to the individual, in thedisclosed embodiment, the computer 16 uses a “micro browser” stored onthe device 10 along with the compliance information. The micro browserallows the individual at the computer 16 to review, search, etc. thecompliance information. The micro browser can provide a variety ofuseful features to the individual 14 reviewing the complianceinformation including hypertext links to other sections of the mutualfund prospectus and/or to sites on the World Wide Web. In addition tothe micro browser, or as part of the micro browser software, software onthe device 10 is loaded into the computer 16 and executes on thecomputer 16 to prompt the individual 14 for his or her consent to thecomputer-aided delivery of additional compliance information or for hisor her consent to a computer notification of the existence of additionalcompliance information. Once the individual 14 responds to the promptand indicates his or her consent, the software causes the computer 16 tocommunicate that consent electronically over a computer communicationslink 18 (e.g., a computer network such as the Internet, the telephonesystem, etc.) to another computer 20. The computer communications link18 between the individual's computer 16 and the other computer 20 isdepicted as a “cloud” in FIG. 1B to indicate that it can be any of avariety of mediums over which two computers can or could transfer data.In the disclosed embodiment, the other computer 20 is a server thatreceives and logs the consent sent from the individual's computer 16.The other computer 20 can be maintained by, for example, the issuer ofthe mutual fund whose prospectus is stored by the device 10.

Some additional software features are as follows. In addition to themicro browser, or as part of the micro browser software, software on thedevice 10 is loaded into the computer 16 and executes on the computer 16to provide a “forms wizard” feature to the individual 14 to aid in thecompletion of the various forms required to purchase the particularfinancial product(s) described by the compliance information on thediskette 10. Enrollment forms for many investment products are complex,and the forms wizard feature allows the individual 14 to complete suchforms accurately and completely. Other software can be provided to allowthe individual 14 to view various illustrations of quantitativescenarios. For example, the software can provide, or allow thedownloading and self-extraction of files that provide, the individual 14with the ability to enter his or her age and income and tax informationsuch that the individual can make a determination based on theillustrations about whether a particular investment is appropriate ornot.

Getting back to the consent that the individual provides, the scope ofthe consent requested of the individual 14 can vary. Depending on thetype of compliance information (e.g., one or more mutual fundprospectuses, one or more prospectuses for one or more variable lifeinsurance products, prospectuses for some collection of mutual fundswhether all under the same fund family or not, etc.) stored by thedevice 10, the issuer of the particular investment vehicle described bythe compliance information, and/or other factors, the individual may berequested for his or her consent to a wide range of things such as theconsent to the computer-aided delivery of all compliance informationrequired by a particular issuer, the consent to the computer-aideddelivery of all “sticker” updates to the particular mutual fundprospectus that came stored on the diskette 10, or the consent to justone annual report related to the particular mutual fund prospectus onthe diskette 10. Also, the scope of the consent can be broad enough tocover the computer-aided delivery of compliance information from morethan one source or issuer.

Whatever the specific consent requested and given and then communicatedto the other computer 20, the individual 14 will then sometime in thefuture receive by electronic delivery the additional complianceinformation. This delivery can be from the other computer 20 or someother computer that receives the consent from the other computer 20 (oris otherwise provided with the consent). In the disclosed embodiment,the additional compliance information is either a sticker to the mutualfund prospectus on the diskette 10 or a notification indicating theexistence and location of the sticker. The sticker can be sent from theother computer 20 to the individual's computer 16 as a file attachmentto an email message. The notification can be sent from the othercomputer 20 to the individual's computer 16 as an email message havingthe address (Universal Resource Locator or URL) of a site on the WorldWide Web where the sticker is posted, and this email message can alsoinclude a note to the individual 14 that he or she should view thesticker by a certain date.

Thus, in accordance with at least one aspect of the invention, thephysical delivery of the diskette 10 to the individual 14 is used as amechanism to obtain consent from the individual 14 for future electronicdelivery of at least some additional compliance information.

The device 10 itself is an aspect of the invention. The device 10,whatever form it takes (e.g., a 3.5 inch computer diskette), includesthe compliance information and the software necessary to at least obtainconsent from the individual 14 via the computer 16 and then communicatethe obtained consent to the other computer 20. The software on thedevice 10 preferably also includes the micro browser that can beexecuted on the individual's computer 16 to cause it at least to displaythe compliance information and preferably also the additional complianceinformation after that is received at the individual's computer 16pursuant to the consent given by the individual 14. The methods ofmaking computer-readable storage devices, such as 3.5 inch computerdiskettes, are well known and thus are not described herein. Also, thetechnology to store software and data generally on such devices isavailable and thus is not described herein.

Referring to FIG. 1C, at least one aspect of the invention relates to amethod 28 having the general steps of getting compliance information tothe individual's computer 16 (step 22), getting the individual 14 toconsent to the computer-aided delivery of additional complianceinformation (step 24), and acting on that consent once given (step 26).More particularly, in the disclosed embodiment, the method 28 involvesphysically sending the diskette 10 to the prospective or existinginvestor 14 (step 30) which is received by the individual 14 (step 32)and inserted into his or her computer 16 (step 34). In an alternativeembodiment, the individual 14 does not receive the complianceinformation and/or software stored on a physical device 10 but insteaduses his or her computer 16 to download the compliance informationand/or software from a source. The source in the alternative embodimentcan be the other computer 20 or a different computer such as a server onthe Internet. Regardless of the manner in which the complianceinformation and/or software gets to the individual's computer 16, theindividual 14 is prompted by his or her computer 16 to consent to thecomputer-aided delivery of additional compliance information or toconsent to the computer-aided delivery of a notification of theadditional compliance information (step 36). The individual 14 thenindicates his or her consent by, for example, using a mouse of thecomputer 16 to click on an OK box displayed on a display of the computer16, and the consent is communicated to the logging computer 20 (step38). The logging computer 20 stores the consent received from theindividual's computer 16 (step 40), and the additional complianceinformation or notification thereof that the individual 14 agreed toaccept electronically is then immediately or later sent to theindividual's computer 16 (step 42).

The various computers used in the invention (e.g., the individual'scomputer 16 and the logging computer 20) can be general purposecomputers. Referring to FIG. 2, at least the basic components of ageneral purpose computer 44 typically include a central processor 46, amain memory unit 48 for storing software and/or data, an input/output(I/O) controller 50, a display device 51, a communications device 52such as a modem or a network interface card, and a data bus 54 couplingthese components to allow communication there between. The memory 48generally will include random access memory (RAM) and read only memory(ROM) chips. The computer 44 typically also has one or more inputdevices 56 such as a keyboard 58 and a mouse 60. The computer 44typically also has a hard drive 62 with hard disks therein and a floppydrive 64 for receiving floppy disks such as the 3.5 inch diskette 10.Other devices also can be part of the computer 44 including outputdevices 66 (e.g., printer or plotter) and/or optical disk drives forreceiving and reading digital data on a CD-ROM. In the disclosedembodiment, one or more computer programs define the operationalcapabilities of the computer 44. These software programs can be loadedonto the hard drive 62 and/or into the memory 48 of the computer 44 viathe floppy drive 64. The compliance data stored on the diskette 10 alsocan be loaded into the computer 44 via the floppy drive 64.

In one embodiment, at least the executable version of the software(e.g., the micro browser) is made to reside on the hard drive 62, and itis caused to execute by the individual 14 double-clicking an appropriateicon on the display 51 using the mouse 60. In general, the controllingsoftware and all of the data utilized by the software are transferredfrom the diskette 10 and reside on one or more of the computer's storagemediums such as the hard drive 62.

The general purpose computer 44 can be any computer or workstation(client or server) such as a PC or PC-compatible machine, an AppleMacintosh, a Sun workstation, etc. The particular type of computer orworkstation is not central to the invention. In fact, the invention canbe implemented in a variety of ways including an all-hardware embodimentin which dedicated electronic circuits are designed to perform all ofthe functionality which the programmed computer can perform. Thepreferred embodiment of the invention is an implementation in softwarefor execution on one or more general purpose computers such as PCsrunning the Microsoft Windows or Microsoft Windows 95 operating system.

Variations, modifications, and other implementations of what isdescribed herein will occur to those of ordinary skill in the artwithout departing from the spirit and the scope of the invention asclaimed. Accordingly, the invention is to be defined not by thepreceding illustrative description but instead by the spirit and scopeof the following claims.

1. A method of obtaining consent for electronic delivery of complianceinformation, the method comprising: (a) identifying a specificcompliance information record in the compliance information database tobe provided; and (b) directing a database management function to send ahyperlink to the entity pointing to the specific compliance informationrecord.